Resident Rights

Robert Sachs, Esq. http://www.shragerlaw.com There is no question that very serious problems of neglect, abuse, and inside politics currently wrack the nursing home industry. Here in Pennsylvania, the fight to protect our elderly loved ones against such negligence and corruption is very real. Last year, the state health department posted a disclaimer that their “surveys” of nursing home compliance with safety regulations were not intended “to be evidence of compliance with any legal standard of care in third-party litigation.” In other words, inspection records were not to be used against nursing homes in court. This type of language clearly tries …

Elder abuse is a very concerning problem across the United States because it is not only very serious, but often times hard to detect. The Administration on Aging defines elder abuse as any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult. If your loved one is in nursing care or assisted living, or you are considering making the step, it is critically important to know and be able to detect the various forms of abuse or neglect. Types of elder abuse or neglect include: Physical abuse or …

Saul Gruber, Esq. Recently, nursing home caregivers protested for family health benefits and pay increase outside Alaris Health in Union City, NJ, a chain that recently was found liable for negligence and punitive damages for the death of a resident in the amount of 13.2 Million dollars. Approximately 30 caregivers and union organizers picketed from 2:30 to 4:00 pm. Workers of Alaris Health expressed frustration with the new administration, from poor working conditions to inadequate support. They cited lack of necessary supplies, such as oxygen and water cups for residents, and a struggle to survive for themselves. Certified nursing assistants …

Seventeen employees of Kaleida Health at Highpointe Health Care Facility in Michigan have been arraigned in Buffalo City Court, New York, this past Friday. Eight nurses and nine nursing assistants have been fired after a state investigation. All seventeen individuals face various counts of willful violation of health law, including endangering the welfare of an incompetent or physically disabled person, and falsifying business records. Hidden surveillance (which is likely to have been running during a 24-hour period) reveals that nurses and aides repeatedly neglected to care for a 56-year old patient with Huntington’s chorea, a neurological disease that leaves him …

The Albuquerque Police Department is in serious hot water over a disturbing trend in their conduct towards mentally ill civilians. Although police approach to mentally ill people is a challenge across the country, the problems in Albuquerque stand out. Early this month, James Boyd, a homeless man with a history of mental illness, was shot and killed by APD–and it was all caught on camera. The disturbing video not only went viral and prompted FBI investigation, but was very much a tipping point for APD’s recent history with mental disabled persons: Since 2010, 37 people have been shot by …